Insurance

Medicare Appeals

Which provisions govern a health-insurance appeal in Georgia?

Articles 810, 812, 845, 849 and 857 of the Civil Code — termination grounds, release from payment, the five-year barrier and the notification duties.

What is the strongest argument in an appeal?

Article 812: if the breached notification circumstance had no influence on the insured event, the insurer is not released from payment despite terminating the contract.

When does the insurer lose the right to refuse?

Under Article 845 — after five years from the contract's conclusion, except where the notification duty was breached deliberately.

5 min·9 Jan 2026

A health-insurance appeal in Georgia is the policyholder's or beneficiary's response to an insurer's refusal to pay, termination of the policy, or curtailment of coverage after a medical event. Unlike the multi-tier administrative appeals machinery attached to the United States Medicare programme, Georgian law distributes no special appeal bureaucracy for health insurance: the entire dispute is governed by the Civil Code of Georgia, and the substantive grounds on which an insurer may — or may not — escape payment are set out in Articles 810, 812, 845, 849 and 857. Understanding these five provisions is what decides whether the insurer's refusal survives scrutiny.

When the insurer may terminate and refuse payment

The most frequent battleground is non-disclosure. Under Article 810 of the Civil Code, where the policyholder was obliged to answer written questions concerning the risk circumstances, the insurer may terminate the contract for failure to notify circumstances about which no question was asked, but which the policyholder deliberately concealed. The provision has a built-in limit that matters enormously in practice: silence must have been deliberate. An insurer cannot build a refusal on circumstances it never asked about unless it proves that the policyholder intentionally kept quiet about them. In an appeal, this allocation of proof is the first line of attack.

The second, far stricter ground is Article 849. Where the insurance contract was concluded in case of the death of another person, the insurer is released from its obligation only if the policyholder deliberately caused that person's death by unlawful conduct. Likewise, if a third person has the right to receive the benefit under life insurance, that right will not be recognised if that person deliberately caused the death of the insured person by unlawful conduct. Outside these extreme cases, a blanket release from the payment obligation is unavailable, and an insurer relying on Article 849 without the deliberate unlawful conduct it requires is exposed in the appeal.

When the insurer remains bound despite termination

The strongest instrument available to a claimant is Article 812. If the insurer terminates the contract after the insured event has already occurred, it is not released from performing its obligation where the circumstance about which the duty of notification was breached had no influence on the occurrence of the insured event and on the performance of the insurer's obligation. In a health-insurance context this means the following: if the concealed circumstance is unconnected with the surgery performed, the treatment commenced or the diagnosis covered, the defect discovered later cannot serve as a ground for avoiding payment. This argument should stand at the centre of any appeal letter.

A second barrier is temporal. Under Article 845, if the policyholder breached the duty to notify information when concluding the contract, the insurer cannot refuse the contract once five years have passed after its conclusion. Refusal remains admissible only where the duty of notification was breached deliberately. Once the five-year mark is crossed, a defect invoked late — and not resting on deliberate concealment — is defenceless in the appeal. Establishing the exact date of contract conclusion is therefore among the first document-gathering steps.